"Former Sun CEO Jonathan Schwartz took the stand here today as a witness for the defense, and disputed Oracle's claim that Java APIs were proprietary code from Sun. Google's lawyer, Robert van Nest, asked Schwartz whether, during his tenure at Sun, Java APIs were considered proprietary or protected by Sun. 'No,' Schwartz said in explaining the nature of open software, 'These are open APIs, and we wanted to bring in more people... We wanted to build the biggest tent and invite as many people as possible.'" Whoopsie for Oracle.

Given the fact that Google actually borrowed source files from Sun's implementation, it's clear this was no clean-room implementation; in fact, Google was probably referring to the original sources as they wrote their code. Which means that Google's code is a derivative work and, thus, a copyright violation.

9 source lines of code out of 15 million lines does not a derivative work make.